Free legal aid for teachers on poll duty

By INA HERNANDO-MALIPOT
March 18, 2010, 4:50pm

Here’s good news for teachers who will be serving during the coming elections.

A memorandum of agreement (MoA) has been signed between the Department of Education (DepEd) and the Integrated Bar of the Philippines (IBP) to formalize their commitment to give free legal assistance to public school teachers who may be facing legal suits in the performance of their election-related duties.

Newly installed Education Secretary Dr. Mona D. Valisno said there have been incidents during elections where teachers, in the performance of their election duties, are wrongfully accused of wrongdoings and are unduly faced with legal suits.

“We express our deep appreciation to IBP for such a generous act as this will reassure our teachers who are committed to protect the integrity of the elections,” she said.

Valisno led DepEd in signing the agreement with IBP, represented by Justice Santiago Kapunan, officer-in-charge; and Atty. Rodolfo Urbiztondo, deputy general counsel and chief of staff. Also present were Undersecretary for Legal Affairs Franklin Sunga, Assistant Secretary for Special Projects Jonathan Malaya, some regional directors, and representatives from various teachers’ organizations.

The DepEd is mandated by law to make available the services of public school teachers who will serve as chairmen and members of the different board of election inspectors (BEI) in the coming May 10, 2010 national and local elections.

Valisno said that the MoA will set the procedures on how such free legal assistance could be promptly availed by affected public school teachers. “The MoA arises from our desire to promote and protect the welfare of the public school teachers who will again play a key role in this democratic exercise,” she said.

The DepEd and the IBP had previously entered into a MoA during the May 14, 2007 national and local elections wherein the IBP extended free legal assistance to the public school teachers faced with legal suits.

Justice Kapunan said the agreement clearly stipulates IBP’s commitment to DepEd to provide free legal assistance to public school teachers who will be charged administratively and criminally in the performance of their election duties.

“IBP lawyers are idealistic volunteers serving the needs of teachers involved in the election. We are happy to do it for free, contrary to what other people think that lawyers are only after the money,” Kapunan added.

The free legal assistance shall be in the nature of court appearances and representations, preparation and submission of pleadings, and other documents required to be produced and submitted by the court or tribunal where the case is pending; and such other legal services needed for the protection of the rights of the public school teachers serving as chairmen members of the BEI.

Sunga said that subject to IBP’s means and merit test, free legal assistance shall be provided and made available in administrative and criminal cases filed against a qualified public school teacher serving as chairman or member of the BEI. In instances, however, where the BEI chairman or member of the BEI is the nominal complainant, free legal assistance shall not be granted.

“This has been a standard practice on the part of DepEd and the IBP in every election year.